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Communications & Media Labor & Employment

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Howard Stern’s Day Off : The Danger of Digging for Details When Employees Call-In Sick

by FordHarrison on

Shock Jock Howard Stern took an unexpected day off from his radio show last week which prompted a firestorm of speculation on social media as to the underlying reason for his absence. Although Stern’s absence was initially...more

Health Care E-Note - May 2017

by Burr & Forman on

When a physician leaves a medical practice, especially if the physician stays in the area to compete against his/her former employer, the situation can become stressful and acrimonious. Please see full E-Note below for...more

Labor & Employment E-Note - May 2017

by Burr & Forman on

The House recently passed a bill that would amend the Fair Labor Standards Act to allow certain employees to choose to take paid time off rather than overtime pay when working more than 40 hours in a workweek. Ron Flowers and...more

Sorting out the Truth About the Right to Disconnect in France

by Littler on

Introduced on August 8, 2016 and effective since January 1, 2017, the “El Khomri law” (named after the French Labor Minister) or “loi travail” granted employees in France the "right to disconnect" from digital devices....more

Helping To Protect Your Company From A Cyber-Attack: Eight Tips For Human Resources Professionals And In-House Employment Counsel

by Littler on

Recent, highly publicized data security incidents highlight the continued vulnerability of corporate information systems. Notably, employees who fall prey to sophisticated phishing e-mails and other scams often contribute to...more

Fox News Lawsuits Highlight Importance of Workplace Culture

by Foley & Lardner LLP on

Employers should take note of the position Fox News is in due to the proliferation of recent lawsuits against the network by numerous current and former employees. To be clear and fair, the lawsuits only involve allegations...more

10-step plan for fair and balanced approach to preventing workplace harassment

by FordHarrison on

In less than a year, Fox News has lost its founder and one of its most well-known anchors due to widespread sexual harassment allegations. Fox News recently reported that 20th Century Fox paid $10 million in sexual harassment...more

Second Circuit Identifies Outer Limits of NLRA-Protected Speech

The National Labor Relations Act (NLRA) generally prohibits employers from retaliating against employees based on their union-related activities or for taking concerted action to improve the terms and conditions of their...more

Second Circuit Rules on Bounds of Protected Concerted Activity

In a case at the edges of protected employee conduct during a union organizing drive, the Second Circuit Court of Appeals last week found that an employee’s expletive-laden Facebook post cursing out his boss—and his boss’s...more

Non-Union Employers Beware: Your Employee Handbook May Violate Employees’ Rights

by Carlton Fields on

Can a company prohibit its employees from participating in public writing or speaking engagements without prior company authorization? What about speaking to the press or media? Such policies are common and routinely included...more

Limited Impact of New Florida Law Deeming Uber, Lyft and Other Ride-Sharing Drivers Independent Contractors and Not Employees

by Pepper Hamilton LLP on

On May 9, 2017, Governor Rick Scott of Florida signed the Transportation Network Companies Act (HB 221), which designates drivers for ride-sharing companies in the on-demand or gig economy as “independent contractors” as long...more

News From the Vermont Statehouse - An Analysis from DRM’s Government & Public Affairs Team - April 2017 #3

by Downs Rachlin Martin PLLC on

Senate Committee Rejects Anti-Uber Amendment - The Senate Finance Committee on Friday afternoon unanimously rejected a proposal from the Senate Judiciary Committee to impose high automobile liability insurance limits on...more

Health Alert (Australia) 8 May 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 2 May 2017 - Australian Competition and Consumer Commission v Social-Lites Pty Ltd [2017] FCA 398 - TRADE PRACTICES – misleading...more

UberSuccessful Digital Business Model May Crash If Florida Court Classifies Drivers as Employees

It’s no secret that the multi-billion dollar gig-economy app company has faced its share of speed bumps, roadblocks, and controversies the last several years. As a result of issues with local regulatory traffic laws, rider...more

April 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

April was a red-hot month for independent contractor misclassification cases. We report below on 11 cases in the courts and two before administrative agencies involving...more

Expletive-Laced Facebook Rant Protected Under Federal Labor Law

Many people have fanaticized about telling their boss what they really think about him or her. Fortunately, most employees have the good sense not to write down what they are thinking about their employer....more

Restaurant Wrong To Fire Workers Over Email Criticizing the Restaurant and its Managers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employer must reinstate four employees after it terminated the employees for agreeing with a former coworker’s email that complained about their terms and conditions of employment. ...more

!@#$% Vote Yes for the UNION! Facebook Post Protected by the NLRA? Second Circuit Says Yes

In National Labor Relations Board v. Pier Sixty, LLC, No. 15-1841 (April 21, 2017), the Second Circuit upheld the National Labor Relations Board’s (NLRB) finding that an employee’s Facebook post, although “vulgar and...more

Works Councils and Social Media in Germany

by Littler on

Works councils in Germany have extensive "co-determination" rights—i.e., the right to participate in company management. Works councils serve as the representative body for employees in German workplaces. Once there are five...more

Employment Law Navigator – Week in Review: May 2017

by Zelle LLP on

Last week, we saw several developments in the area of race discrimination in employment, including a Second Circuit decision that has generated media coverage and commentary. The Second Circuit’s ruling reversed a lower court...more

Second Circuit Holds NLRB Did Not Err in its Finding that Facebook Posting that Supervisor is a “Nasty Mother F***er” and “F***...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit agrees with the Board that the use of profanity in a Facebook post was not “opprobrious enough” to lose the NLRA’s protections and justify the employer’s termination of the employee....more

Fox News & Bill O’Reilly – Best Practices for Conducting Internal Workplace Investigations

by FordHarrison on

Bill O’Reilly’s reign as a Fox News favorite came to an abrupt end amid a series of allegations of sexual harassment against him. After the most recent allegations, Fox News hired large law firm, Paul Weiss, to conduct its...more

Computer Surveillance by Employers: Finding the Balance between Business Interests and Employee Privacy Rights

by Dickinson Wright on

As the use of computers and computer activity becomes more pervasive in the workplace, employers are facing new challenges. Generally speaking, greater network connectivity should be welcomed by employers. However, the use of...more

Employment Law - April 2017 #2

NLRB Affirms New Standard on Employee Email Use - Why it matters - A divided National Labor Relations Board (NLRB) affirmed that if an employer provides employees with access to the email system, then employee use of email...more

Court Of Appeal Provides Further Guidance For Data Controllers On Handling Subject Access Requests

by Dentons on

In the first April edition of our employment law round-up we considered the Court of Appeal's decision in Dawson–Damer v. Taylor Wessing LLP [2017] EWCA Civ 74, which (amongst other things) concerned the relevance of an...more

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